Section 11-312. Water rents; when payable; penalty for nonpayment  


Latest version.
  • a.
      One-half  (i)  the  uniform  annual  water   charges   and   extra   and
      miscellaneous  charges  for  water  not  metered and (ii) annual service
      charges shall become due and payable, in advance if entered  on  January
      first,  nineteen  hundred seventy-four for the period commencing January
      first, nineteen hundred seventy-four and ending June thirtieth, nineteen
      hundred seventy-four.  Commencing on June  thirtieth,  nineteen  hundred
      seventy-four,  uniform  annual water charges and extra and miscellaneous
      charges for water not metered and annual service charges  shall  be  due
      and  payable  in  advance  on the thirtieth day of June in each year, if
      entered. If any of such rents and charges which become due  and  payable
      on or before June thirtieth, nineteen hundred seventy-six shall not have
      been  paid  to  the commissioner of finance or his or her designee on or
      before the last day of the month following the month of entry, it  shall
      be  the  duty  of  the commissioner of finance or his or her designee to
      charge, collect and receive interest thereon to  be  calculated  at  the
      rate  of  seven  percent  per  annum  from  the date when such rents and
      charges became  due  and  payable  to  December  thirty-first,  nineteen
      hundred  seventy-six,  and at the rate of fifteen percent per annum from
      January first, nineteen hundred seventy-seven to the date of payment. If
      any of such rents and charges which shall become due and payable  on  or
      after June thirtieth, nineteen hundred seventy-seven are not paid to the
      commissioner of finance or his or her designee on or before the last day
      of  the  month following the month of entry, it shall be the duty of the
      commissioner of finance or his or her designee to  charge,  collect  and
      receive interest thereon to be calculated at the rate of fifteen percent
      per  annum  from  the  date  when  such rents and charges became due and
      payable to the date of payment. If  not  so  entered  and  payable,  but
      entered  at  any  time subsequent thereto, they shall be due and payable
      when entered and notice thereof shall be mailed within five days of such
      entry to the premises against which they are imposed addressed to either
      the owner or  the  occupant  and,  if  entered  on  or  before  December
      thirty-first, nineteen hundred seventy-six but not paid on or before the
      last day of the month following the month of entry, it shall be the duty
      of the commissioner of finance or his or her designee to charge, collect
      and  receive  interest  thereon  to  be  calculated at the rate of seven
      percent per annum from the  date  of  entry  to  December  thirty-first,
      nineteen  hundred  seventy-six,  and  at the rate of fifteen percent per
      annum from January first, nineteen hundred seventy-seven to the date  of
      payment;  if  entered  on  or  after  January  first,  nineteen  hundred
      seventy-seven but not paid on or  before  the  last  day  of  the  month
      following  the  month of entry, it shall be the duty of the commissioner
      of finance or his  or  her  designee  to  charge,  collect  and  receive
      interest  thereon  to  be  calculated at the rate of fifteen percent per
      annum from the date of entry to the date of payment.
        b. All charges for meters and their connections and for their setting,
      repair and maintenance, and all charges in accordance with  meter  rates
      for supply of water measured by meter, including minimum charges for the
      supply  of  water  measured  by  meter,  shall  be  due and payable when
      entered, and notice thereof shall be mailed within  five  days  of  such
      entry stating the amount due and the nature of the rent or charge to the
      last  known  address  of  the person whose name appears on the record of
      such rents and charges as being the owner, occupant or agent  or,  where
      no  name  appears,  to the premises addressed to either the owner or the
      occupant, and if entered on or before  December  thirty-first,  nineteen
      hundred  seventy-six but not paid on or before the last day of the month
      following the month of entry, it shall be the duty of  the  commissioner
      of  finance  or  his  or  her  designee  to  charge, collect and receive
    
      interest thereon to be calculated at the rate of seven percent per annum
      from the date  of  entry  to  December  thirty-first,  nineteen  hundred
      seventy-six,  and  at the rate of fifteen percent per annum from January
      first, nineteen hundred seventy-seven to the date of payment; if entered
      on  or  after January first, nineteen hundred seventy-seven but not paid
      on or before the thirtieth day following the date of entry, it shall  be
      the  duty  of  the  commissioner  of  finance  or his or her designee to
      charge, collect and receive interest thereon to  be  calculated  at  the
      rate  of fifteen percent per annum from the date of entry to the date of
      payment.
        c. No later than the twenty-fifth day of May in each year, the banking
      commission shall transmit a written recommendation to the council  of  a
      proposed  interest  rate to be charged for nonpayment of water rents. In
      making such recommendations the commission shall consider the prevailing
      interest rates charged for commercial loans extended to prime  borrowers
      by commercial banks operating in the city and shall propose a rate of at
      least  six per centum per annum greater than such rates. The council may
      by resolution adopt an interest rate to be  charged  for  nonpayment  of
      water  rents  pursuant to section 11-224 of the code and, for nonpayment
      of water rents that become due and payable on or after July  first,  two
      thousand five, pursuant to section 11-224.1 of the code, and may specify
      in  such  resolution  the  date  on  which such interest rate is to take
      effect.